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2022 Supreme(HP) 63
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Satyen Vaidya, J.
Sunil Sharma S/o Sh. Vidya Sagar – Petitioner
Versus
State Of Himachal Pradesh Trhough Principal Secretary (Home) - Respondent
Criminal Misc. Petition (Main) No. 429 of 2022 Along With Criminal Misc. Petition (Main) Nos. 430 of 2022, 486 of 2022, 495 of 2022, 496 of 2022, 507 of 2022 And 509 of 2022.
Decided On : 16-03-2022
Advocate Appeared:
For the Petitioner:Mr. Vinod Thakur, Advocate
For the Respondent:Mr. Ashok Sharma, Advocate General With Mr. P. K. Bhatti, Additional Advocate General
Point of Law : Release of petitioners on bail at this stage of the investigation will be detrimental to the progress thereof and the same will also send a wrong message amongst masses that law breakers can get scotfree easily.
Headnote:
H.P. Excise Act - Sections 39(1)(a) - H.P. Prevention of Corrupt Practice Act, 1983 – Section 23 - Indian Penal Code,1860 – Sections 420, 467, 468, 471, 120-B,304 and 308 – Cheating and dishonesty – Forgery of valuable security - Police officials of Police Station, Bhoranj, received a secret information that petitioner working as Salesman at liquor concealed boxes of country liquor “SANTRA VRV FOOLS” below road near village Plassi, which could be of spurious was sent to police station for registration of FIR and police party immediately left for the spot - On identification of petitioner country liquor printed on each bottle were recovered and seized from underneath a small bridge. During investigation, petitioner Harish disclosed that he was working as Sales man in the liquor vend at Bassi, which belonged to petitioner was brother-in-law of the person, accused in a case registered at Police Station respect of deaths of persons due to consumption of spurious liquor - petitioner Ashish Soni working as Salesman at liquor vend and also working as driver, unloaded 20 boxes of liquor –
Finding of the Court:
Investigation is still going on with respect to material aspects of the matter - Persons indulging in such a perilous trade, without caring at all for the health and lives of others that too with the sole purpose to earn money, do not deserve any leniency. Additionally, they can potentially adversely affect or tamper with the prosecution evidence collected so far or likely to be collected during the investigation. The Witnesses of the case will always be at the risk of being subjugated by the petitioners, at least during the continuance of the investigation. The report of the chemical analyst on samples of spurious liquor, allegedly sold by the petitioners, is still awaited - Investigation as noticed from the status report filed by the respondent is at initial stage - gravity and seriousness of the allegations against the petitioners, this Court is of considered view that the release of petitioners on bail at this stage of the investigation will be detrimental to progress thereof and the same will also send a wrong message amongst masses that law breakers can get scotfree easily –
Result: MP(M) No.429 of 2022, Cr.MP(M) No. 430 of 2022, Cr.MP(M) No.486 of 2022, Cr.MP(M) No. 495 of 2022, Cr.MP(M) No. 496 of 2022, Cr.MP(M) No. 507 of 2022 and Cr.MP(M) No. 509 of 2022 are dismissed
ORDER :
All these petitions are being decided by a common order as common question of facts and law are involved.
2. Petitioner Neeraj Thakur (in Cr.MP(M) No.509 of 2022) was having L-14 licence for sale of country spirit at various units in District Hamirpur, for the year 2021-22. Petitioners Harish alias Rishu (in Cr.MP(M) No.507 of 2022), Ashish Soni (in Cr.MP(M) No.430 of 2022), Kartar Singh (in Cr.MP(M) No.495 of 2022), Kuldeep Singh (in Cr.MP(M) No.486 of 2022) and Rajeev Kumar (in Cr.MP(M) No.496 of 2022) were the employees of petitioner Neeraj Thakur, working for him as Salesmen at different retail vends. Petitioner Ashish Soni also worked as driver for petitioner Neeraj Thakur in addition to being his salesman. Petitioner Sunil Sharma (in Cr.MP(M) No.429 of 2022) was running an “AHATA” (Bar attached with retail liquor sales vend) at place Sulagwan, Tehsil Bhoranj, District Hamirpur, H.P..
3. An FIR No. 10/22, dated 24.01.2022 was registered at Police Station Bhoranj, District Hamirpur, H.P., under Sections 39(1)(a) of the H.P. Excise Act, 420, 467, 468, 471, 120-B, IPC and 23 of H.P. Prevention of Corrupt Practice Act, 1983. All the petitioners, in these petitions have been arrayed as accused in the above noted case and presently are in judicial custody.
4. The case as set up by the respondent is that on 23.01.2022, the police officials of Police Station, Bhoranj, received a secret information that petitioner Harish alias Rishu, working as Salesman at liquor vend Bassi, had concealed boxes of country liquor “SANTRA VRV FOOLS” below road near village Plassi, which could be of spurious nature. “RUKKA” was sent to the police station for registration of FIR and police party immediately left for the spot. On identification of petitioner Harish alias Rishu, 22 boxes of country liquor ““SANTRA” brand with “VRV FOOLS” printed on each bottle were recovered and seized from underneath a small bridge. During investigation, petitioner Harish alias Rishu disclosed that he was working as Sales man in the liquor vend at Bassi, which belonged to petitioner Neeraj Thakur and said Neeraj Thakur was brother-in-law of the person, accused in a case registered at Police Station Sundernagar, in respect of deaths of persons due to consumption of spurious liquor. According to petitioner Harish alias Rishu, on 18th January, 2022 at about 9.30 A.M., when he was at the liquor vend, petitioner Ashish Soni working as Salesman at liquor vend Mundkhar and also working as driver, unloaded 20 boxes of liquor “SANTRA VRV FOOLS”, at his liquor vend without pass and such consignment was brought in vehicle No. HP-68-3282 belonging to petitioner Neeraj Thakur. He further disclosed that on 19.01.2022 Contractor Neeraj Thakur informed him telephonically that since some persons had died at Sundernagar after consuming liquor “SANTRA VRV FOOLS”, so the liquor of said brand should be concealed. He loaded 12 unsold boxes of liquor “SANTRA VRV FOOLS” in his vehicle No. HP-22B-6271 and went to petitioner Kartar Singh alias Karan, working as a Salesman at liquor vend Chahab, loaded 10 more boxes of the same brand of liquor and they both concealed it at the place from where it was recovered by the police.
5. During the investigation, police is stated to have further discovered that petitioner Ashish Soni was working as Salesman-cum-driver with petitioner Neeraj Thakur for the last about 4 years. On 17.01.2022 one Karamdeen working as Manager of Petitioner Neeraj Thakur called Ashish Soni with vehicle No. HP-21B-6083 at Vohani office. Karamdeen and Bashir loaded 138 boxes of “SANTRA VRV FOOLS” liquor without any pass/permit and directed Ashish Soni to deliver different quantities at different liquor vends of petitioner Neeraj Thakur. In this manner, police during investigation has come across facts whereby petitioners Harish alias Rishu, Ashish Soni, Kuldeep Singh, Kartar Singh and Rajeev Kumar were found indulging in sale of liquor under the forged name “SANTRA VRV FOOLS”
